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Home My WebLink About1990 08 01 CC MIN1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CITY HALL, 14403 EAST PACIFIC AVE, WEDNESDAY, AUGUST 1, 1990 AT 7:00 P.M. The City Council of the City of Baldwin Park met in regular session in the Council Chambers at 7:00 p.m. ROLL CALL: PRESENT: COUNCILMEMBERS GALLEGOS, IZELL, ROLL CALL KEYSER, MCNEILL AND MAYOR LOWES ALSO PRESENT: City Manager Penman, Acting City Attorney Holland, Dir. of Administrative Serv. Schuld, Dir. of Housing & Economic Dev. Pearce, Acting Chief of Police Cisneros, Dir. of Human Serv. Lucas, Deputy City Clerk Branek and City Clerk Gair 00- City Treasurer Montenegro's absence was excused. ABSENCE EXCUSED 00- Mayor Lowes declared Oral Communications open and ORAL COMMU invited those wishing to speak on any subject to come NICATIONS forward. OPEN George Marr, 3221 Vineland, expressed concern regarding MARR an uncertain type of business going on at 3228 Vineland. Mark Martin, 3509 Mangum, representing Citizens for a MARTIN Safe and Sane San Gabriel Valley," requested the council to ban the sale of fireworks in Baldwin Park. Clarence Brown, 12766 Torch, representing Eggleston's BROWN Boys Home, stated that he wished to respond to the concerns and allegations against the Boys Home that have been expressed by some citizens. He described the institution, the programs, the supervision of the boys, and explained that the home is not a jail, prison or half-way house. Sue Boyer, 4440 Sterling Way, related her problems with BOYER the Los Angeles County Animal Control regarding licensing of her four dogs, the removal of one of the dogs, and the tickets she received for having more than three animals on her property. Francis Dominguez, 3723 Stichman, spoke regarding DOMINGUEZ parties that were held on July 21 and 22 for children on her street and the complaint of a neighbor regarding the noise. She complained about the police officers that came in response to the neighbor's complaint, because she felt the officers did not treat the citizens with respect and that there was not too much noise for the time of evening the parties were held. Pam Schnabel, 14217 Los Angeles, told of her efforts to SCHNABEL raise money for a new police dog and encouraged citizens to donate. Richard Cooks, 146864 pacific Avenue #8, inquired about COOKS the situation at the Badillo Apartments and what the City is doing regarding this. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8REGULAR MEETING OF THE CITY COUNCIL AUGUST 1, 1990 OF THE CITY OF BALDWIN PARK PAGE TWO There being no other speakers, Mayor Lowes declared Oral CLOSED Communications closed. 00- City Clerk Gair presented the Consent Calendar: CONSENT CALENDAR 1. Approval of Certificate of Posting for August 1, 1990 2. Approve Minutes of July 18, 1990 3. Waive Further Reading and Adopt RESOLUTION NO. 90-58 ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK 4. Approve Support of Resolution 6-90-266 of the Board of Directors of the Upper San Gabriel valley Municipal Water District Urging 10 Percent Reduction of Water Usage. 5. Approve Budget Amendment Dehumidification System Morgan Park 6. Approve Annual Service Contracts FY 1990-91 Information Services It was moved and seconded to approve the Consent CONSENT Calendar as presented. MIS/C: MCNEILL/IZELL. There CALENDAR were no objections. APPROVED 00- PUBLIC HEARINGS City Planner Onaga introduced the Public Hearing on Z- PUBLIC 500 and TM-46748, A Request for approval for a Zone HEARING Change from R1, Single Family Residential to Ri PD), Z-500 & Single Family Residential Planned Development Overlay TM-487848 Zone, and a Development Plan to allow the construction INTRODUCED of 16 family dwelling units, and a Tentative Tract Map to allow a 17 lot residential subdivision pursuant to Chapter 17.54 and sections 17.30.030 and 16.01.070 of the City Code 43276-4349 La Rica Avenue, shown as Parcel 53 of Page 9 of Map Book 8544)." City Planner Onaga explained that this Planned Development will total 16 units with a common open space area and will have access to La Rica by a 42' wide private street. He described the proposed lot sizes, the variety of building designs, and the parking and security features. This project was recommended for approval by the Planning Commission by a vote of 5-0. Mayor Lowes declared the Public Hearing open on Z-500 & PUBLIC TM-48748 and invited those wishing to speak on this HEARING subject to come forward. OPEN Patrick Chiu, 13523 Francisquito, representing the CHIU applicant, stated that he was in agreement with the conditions and was present to answer any questions. There being no other speakers, Mayor Lowes declared the CLOSED Public Hearing closed. It was moved and seconded to approve the Negative NEG DEC Declaration of Environmental Impact relating to Z-500 & APPROVED TM-48748. M/S/C: IZELL/MCNEILL. There were no objections. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 1, 1990 OF THE CITY OF BALDWIN PARK PAGE THREE It was moved and seconded to approve introduction of ORDINANCE Ordinance No. 1042, AN ORDINANCE OF THE CITY COUNCIL NO. 1042 OF THE CITY OF BALDWIN PARK APPROVING A CHANGE OF ZONE APPROVED FROM Ri, TO Ri PD) ON APPROXIMATELY 2.14 ACRES; FIRST APPLICANT: DER-SHUR YUAN; CASE NO. Z-500; LOCATION: READING) 4327-4349 LA RICA AVENUE, BALDWIN PARK) FIRST READING)." N/S/C: IZELL/GALLEGOS. There were no objections. It was moved and seconded to adopt Resolution No. 90- RESOLUTION 59, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NO. 90-59 BALDWIN PARK APPROVING A DEVELOPMENT PLAN AND A ADOPTED TENTATIVE TRACT MAP APPLICANT: DER-SHUH YUAN; CASE NO. Z-500 & TM-48748; LOCATION: 4327-4349 LA RICA AVENUE, BALDWIN PARK)." MIS/C: GALLEGOS/IZELL. There were no objections. City Planner Onaga Introduced the Public Hearing on SP PUBLIC 90-1, A Request for approval of a specific plan on HEARING approximately 26.1 acres of land to provide for and SP 90-1 ensure the coordinated development of that portion of INTRODUCED the Home Savings of America Campus located within the City of Baldwin Park. The Specific Plan would allow for the construction of approximately 280,000 square feet of office, industrial or warehouse buildings and a multi- level parking structure." City Planner Onaga requested that this item be continued to the August 15th City Council meeting. It was moved and seconded to continue the Public Hearing NOTION TO on SP 90-1 to the August 15, 1990 regular meeting of the CONTINUE City Council. N/S/C: GALLEGOS/IZELL. There were no APPROVED objections. City Engineer Tcharkhoutian explained that a study had TRAFFIC been conducted to determine the requirements of the REGULA- California Vehicle Code relating to public traffic TIONS regulations and control on private parking facilities. PRIVATE He explained the procedures that are necessary in order PARKING to be able to enforce traffic regulations on private FACILITIES property. He stated that Chief Lanza supports the ordinance that relates to commercial areas, but the chief opposes the resolution relating to private property because authorization for enforcement of certain violations is already given in the municipal code. Staff is recommending approval of an Ordinance pertaining to public traffic regulations on private parking facilities commercial areas) and to deny the request by Villa Linda Homeowners Association for enforcement on a private street. Mayor Lowes declared the Public Hearing open on Public PUBLIC Traffic Regulations and Control on Private Parking HEARING Facilities and invited those wishing to speak on this OPEN subject to come forward. There were none. Mayor Lowes declared the Public Hearing closed. CLOSED In response to Councilman Gallegos' inquiry, the City Engineer stated that Mayor Lowes had requested this in response to requests and complaints she had received. Mayor Lowes read a letter from Evan Studer, Baldwin Park Hilton Hotel, in support of this ordinance and asked that the Council accept his letter in the spirit of control of speeding in the Towne Center and hotel. Mayor Lowes also stated that the Villa Linda Homeowners BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 1, 1990 OF THE CITY OF BALDWIN PARK PAGE FOUR Association was unaware that they were already covered and they are withdrawing their request for passage of the resolution. In response to Councilman Izell's inquiry, Acting Chief of Police Cisneros stated that there was enough manpower to tow away vehicles in Park Shadows. It was moved and seconded to approve the introduction of ORDINANCE Ordinance No. 1043, AN ORDINANCE OF THE CITY COUNCIL OF NO. 1043 THE CITY OF BALDWIN PARK RELATING TO TRAFFIC REGULATIONS APPROVED ON PRIVATE PROPERTY First Reading)." N/S/C: GALLEGOS/ FIRST MCNEILL. There were no objections. READING) 00- REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES In regard to the School Impact Fees, City Manager Penman SCHOOL explained that he had discussed this with Mayor Lowes IMPACT and that there appears to be a need for some FEES clarification. He recommended that the Council have a joint meeting with the School Board in order to clear up some problems. Mayor Lowes requested that Council agree to direct the JOINT staff to write a letter from the Mayor inviting the MEETING Superintendent and Board President to meet with the City PLANNED Manager and the Mayor to plan an agenda for a joint SCHOOL meeting. Council concurred. DISTRICT Administrative Assistant Hazen explained that the CITY Council is being requested to approve a City Recycling RECYCLING Program and to negotiate with Webster's Refuse Disposal PROGRAM to amend the Agreement for Collection of Solid Wastes to include a curbside recycling program. He outlined the main elements of the Recycling Program as outlined in the August 1st staff report and explained the requests that are contained in the report from the Ad Hoc Recycling Committee. Mr. Hazen introduced Jennifer Kellogg from Webster's Disposal who gave a presentation on recycling and demonstrated the recycling containers that would be used in households to separate recyclable materials. Council discussed the recycling recommendations and DISCUSSION inquired and expressed concern regarding the recycling container replacement and loss, the penalty fees for not participating in recycling, the controversy over volume versus weight, the way rebates will be handled, the recycling fee not exceeding 25 cents, and the citizen that is charged this fee who has chosen to take recyclables and collect the fee personally. Council also requested that literature relating to recycling be bilingual. Council also discussed the Ad Hoc Recycling Committee's request to continue as a committee. Mayor Lowes invited Bill Van Cleave, member of the committee, to make a presentation regarding some of the recommendations and the work of the committee. The following recommendations were considered by the RECOMMENDA City Council: TIONS 1. The Recycling Program would begin curbside ITEM NO. 1 collection service on Friday, February 1, 1991, for APPROVED all regularly scheduled curbside collected residential units. COUNCIL CONCURRED BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 1, 1990 OF THE CITY OF BALDWIN PARK PAGE FIVE 2. Recyclable materials would be separated and ITEM NO. 2 placed in one of the three collection bins during APPROVED regular scheduled pickup days at curbside. COUNCIL CONCURRED 3. Materials to be collected include newspaper, ITEM NO. 3 glass, aluminum, tin cans and polyethylene APPORVED terephthalate PET) plastic. COUNCIL CONCURRED 4. Any cost for the collection and disposal of ITEM NO. 4 recyclable materials would be mandatory. That is, if increased service rates are needed to fund the program, then every household would have this increase placed on their bill, whether or not they participate in the curbside recycling program. N/S: IZELL/GALLEGOS. ROLL CALL: ROLL CALL VOTE AYES: IZELL, GALLEGOS, MCNEILL AND MAYOR LOWES NOES: KEYSER ITEM NO. 4 ABSENT: NONE APPROVED 5. Participation in the Recycling Program would be ITEM NO. 5 mandatory. However, residents may participate in APPROVED the curbside program, or they may take their recyclable materials to buyback centers, or recycling collection programs, or they may participate in some combination of the alternatives. In any case, recyclable materials would not be allowed to be collected with the regular trash for disposal in the landfill. Webster's would be responsible for informing residents of this requirement if the resident had placed recyclable materials in their regular trash. This would be done by the Refuse Collector putting a tag on the trash receptacle which contains recyclable materials. COUNCIL CONCURRED Council reviewed the request of the Ad Hoc Committees EXTENSION request to have the committee extended to meet until OF AD HOC their duties are no longer required. Council discussed COMMITTEE the pro and cons of this and the fact that the committee was originally set up for a six month period. Some members felt that the committee's task was completed with this recommendation tonight and others felt that their task ended with the completion of the project. It was moved by Councilwoman McNeill that the Ad Hoc MOTION Recycling Committee remain as a committee until the DIES project is completed. Motion died for lack of a second. It was moved and seconded that the Ad Hoc Recycling COMMITTEE Committee be held over until 2/1/91. N/S: IZELL/ TO BE HELD GALLEGOS. OVER ROLL CALL: ROLL CALL VOTE AYES: IZELL, GALLEGOS AND MAYOR LOWES NOES: KEYSER, MCNEILL COMMITTEE HELD OVER ABSENT: NONE APPROVED Direction was given to staff to negotiate with Webster's COUNCIL Disposal to include the Recycling Program as an MEMBERS Amendment to the existing Agreement for the Collection APPOINTED BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8 REGULAR MEETING OF THE CITY COUNCIL AUGUST 1, 1990 OF THE CITY OF BALDWIN PARK PAGE SIX of Solid Wastes to be brought back to the City Council AS and to appoint Mayor Lowes and Councilman Keyser to NEGOTIA- serve on negotiating team with Webster's Refuse Disposal. TORS It was moved and seconded to implement the recycling plan as outlined in the Staff Report as amended by the City Council. MIS: GALLEGOS/IZELL. ROLL CALL: ROLL CALL VOTE AYES: GALLEGOS, IZELL, MCNEILL AND MAYOR LOWES NOES: KEYSER ITEM NO. 4 ABSENT: NONE APPROVED 00- COUNCIL INITIATIVES City Manager Penman explained that one of the ideas CITIZENS generated from the discussion of the FY 1990-91 budget COMMITTEE was the formation of a Citizens Committee on City ON finances. Such a committee might be able to provide FINANCE valuable input on the budget by generating ideas on ways to alleviate the City's tight fiscal position. This committee's work could serve as a communication tool to the general public on the subject. He outlined the potential size of the committee, the appointment, how the committee will be staffed, the timeframe of six to eight months, and the procedures for operation of the committee. He stated that if Council wishes to form a Citizens Committee on finances that direction be given regarding this as outlined. The following recommendations were presented by Mayor RECOMMENDA Lowes for Council consideration: TIONS 1. That a Citizens Committee on Finance be formed. COUNCIL CONCURRED 2. That committee consist of eleven 11) members, with each Council Member appointing two members each and the Mayor appointing three members. COUNCIL CONCURRED 3. That the City Manager's Office would handle staffing the committee. COUNCIL CONCURRED 4. That the timeframe for the committee would be six months. COUNCIL CONCURRED 5. That the primary goal of the committee is to gain knowledge of City finances and to get the members ideas and input. COUNCIL CONCURRED Acting City Attorney, in response to the City Manager, stated that since the Council has reserved for their individual selves the ability to make those appointments, then the Council could make the appointments at the September 5th meeting since this is a one time review committee. City Manager stated that a Closed Session will be necessary for the Council for two items. One is a personnel matter, the second is active litigation concerning 011, Operating Industries Landfill, lawsuit against Baldwin Park and 28 other cities. He recommended that this Closed Session be held after BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05 1990 08 01 CC MINòw @˜v½CC MIN AUG 1 1990[Þ›[H3"8REGULAR MEETING OF THE CITY COUNCIL AUGUST 1, 1990 OF THE CITY OF BALDWIN PARK PAGE SEVEN recessing the council for the Redevelopment Agency and reconvening after. The regular meeting of the City Council was recessed at 9:36 p.m. The regular meeting of the City Council was reconvened at 9:50 p.m. Roll Call remained the same. 00- CLOSED SESSION The regular meeting of the City Council was adjourned to CLOSED a Closed Session at 9:50 p.m. to consider personnel SESSION matters and a matter in litigation as previously described. The regular meeting of the City Council was reconvened IN SESSION at 10:50 p.m. Roll Call remained the same. It was moved and seconded to direct the City Manager to MOTION TO give notice to Burke, Williams and Sorenson that their TERMINATE services as City Attorney will be terminated based on CITY the provision, the termination clause, within their ATTORNEY existing agreement which is a 30 day notice. MIS/C: CONTRACT GALLEGOS/KEYSER. There were no objections. APPROVED The city Council directed the City Manager to provide COUNCIL the Council with the name or names of possible city DIRECTION attorney firms that can serve on an interim basis to be INTERIM available to start when the termination period is over ATTORNEY and to also develop proposals to be sent to other firms, that they can submit as a permanent city attorney. 00- It was moved and seconded to adjourn the regular meeting MEETING of the City Council at 10:56 p.m. MIS/C: ADJOURNED MCNEILL/GALLEGOS. There were no objection 10:56 P.M. BIB] 37175-U01 CC-U02 MIN-U02 AUG-U02 1-U02 1990-U02 LG1-U03 LI1-U03 FO3794-U03 FO3795-U03 FO3820-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 BIB] 37253-U01 1990-U02 08-U02 01-U02 CC-U02 MIN-U02 LG1-U03 LI1-U03 FO3794-U03 FO8599-U03 DO3821-U03 C4-U03 MINUTES1-U03 10/11/2001-U04 ADMIN-U04 CITY-U05 COUNCIL-U05 MINUTES-U05